IR 05000334/2008008

IR 05000334-08-008, IR 05000412-08-008, Beaver Valley, Inspection Report, Office of Investigations Report No. 1-2008-027

ML090220632
Person / Time
Site:	Beaver Valley
Issue date:	01/20/2009
From:	David Lew Division Reactor Projects I
To:	Sena P FirstEnergy Nuclear Operating Co
Trapp J
References
1-2008-027 IR-08-008
Download: ML090220632 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PA 19406-1415 January 20, 2009 EA-08-319 Mr. Peter P. Sena, III Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SEB1 P. O. Box 4, Route 168 Shippingport, PA 15077 SUBJECT: NRC OFFICE OF INVESTIGATIONS REPORT NO. 1-2008-027 BEAVER VALLEY POWER STATION - NRC INSPECTION REPORT 05000334/2008008 AND 05000412/2008008

Dear Mr. Sena:

This letter refers to the investigation initiated by the U. S. Nuclear Regulatory Commission's (NRC) Office of Investigations (OI) on February 28, 2008, at the Beaver Valley Power Station (BVPS). The investigation was initiated after you informed the NRC, on February 14, 2008, that you received information concerning an unreported arrest. In February of 2008, Hatch Plant conducted a routine five year re-investigation of a contractor employee and discovered that on March 29, 2003, the contractor employee had requested unescorted access at BVPS. The contractor employee failed to inform you he had been arrested in February, 2003, as required by the BVPS Security Plan. The OI investigation was initiated, in part, to determine whether the contractor had deliberately failed to report the arrest in violation of the BVPS Security Plan.

As a result of the investigation, the NRC confirmed that the contractor had deliberately failed to report arrests during his employment at BVPS and had unescorted access to vital areas of the plant. The contractor's actions caused the FirstEnergy Nuclear Operating Company (FENOC) to be in violation of NRC requirements, specifically License Condition 2.D for Unit 1 and License Condition 2.E for Unit 2 of the BVPS operating license, and Section 9.1 of the BVPS Security Plan, Revision 4, which in part, requires individuals with unescorted access to report any arrest, criminal charges, convictions, or proceedings that may have impact upon the trustworthiness or reliability of the individual. The NRC determined that the contractor's failure to report the arrest may have had an impact on his trustworthiness or reliability, thereby causing BVPS to be in violation of its Security Plan.

The NRC further determined that the contractor engaged in deliberate misconduct by deliberately failing to report the arrest to BVPS, as required. Specifically, the contractor admitted that he did not report the arrest for fear that he would lose his job. The NRC determined that the individual was familiar with the requirements for working in a nuclear power plant and had signed and dated forms indicating that he had not been arrested, even though he was aware of the prior offense and that such information was required to be reported. Because you are responsible for the actions of your employees, and because the violation was willful, the violation was evaluated under the NRC traditional enforcement process as set forth in Section IV.A.4 of the NRC Enforcement Policy. The NRC concluded that the violation, absent willfulness, would be considered a Severity Level IV violation, because you would have denied the individual's request for unescorted access due to the arrest. The current NRC Enforcement Policy is included on the NRC's website at http://www.nrc.gov

select About NRC, Regulation, Enforcement, then, Enforcement Policy.

The NRC considered issuance of a Notice of Violation for this issue. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) the individual was a low level, non-supervisory, non-management employee; (2) there were no subsequent actions identified which would indicate a lack of trustworthiness and reliability; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight, (4) the individual had a negative test for drug and alcohol use immediately prior to being granted unescorted access and (5) you took appropriate corrective action by revoking the individual's unescorted access and verifying the correct information was placed into PADS.

A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Beaver Valley Power Station facility.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS) accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.

Should you have any questions regarding this letter, please contact Dr. Ronald Bellamy at 610-337-5200.

Sincerely,

/RA/

David C. Lew, Director Division of Reactor Projects

Docket No. 50-334/50-412 License No. DPR-66/NPF-73 cc w/encl: J. Hagan, President and Chief Nuclear Officer J. Lash, Senior Vice President of Operations and Chief Operating Officer D. Pace, Senior Vice President, Fleet Engineering K. Fili, Vice President, Fleet Oversight P. Harden, Vice President, Nuclear Support G. Halnon, Director, Fleet Regulatory Affairs Manager, Fleet Licensing Company K. Ostrowski, Director, Site Operations E. Hubley, Director, Maintenance M. Manoleras, Director, Engineering R. Brosi, Director, Site Performance Improvement C. Keller, Manager, Site Regulatory Compliance D. Jenkins, Attorney, FirstEnergy Corporation M. Clancy, Mayor, Shippingport, PA D. Allard, Director, PADEP C. O'Claire, State Liaison to the NRC, State of Ohio Z. Clayton, EPA-DERR, State of Ohio Director, Utilities Department, Public Utilities Commission, State of Ohio D. Hill, Chief, Radiological Health Program, State of West Virginia J. Lewis, Commissioner, Division of Labor, State of West Virginia W. Hill, Beaver County Emergency Management Agency J. Johnsrud, National Energy Committee, Sierra Club J. Powers, Director, PA Office of Homeland Security R. French, Director, PA Emergency Management Agency

Because you are responsible for the actions of your employees, and because the violation was willful, the violation was evaluated under the NRC traditional enforcement process as set forth in Section IV.A.4 of the NRC Enforcement Policy. The NRC concluded that the violation, absent willfulness, would be considered a Severity Level IV violation, because you would have denied the individual's request for unescorted access due to the arrest. The current NRC Enforcement Policy is included on the NRC's website at http://www.nrc.gov

select About NRC, Regulation, Enforcement, then, Enforcement Policy.

The NRC considered issuance of a Notice of Violation for this issue. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) the individual was a low level, non-supervisory, non-management employee; (2) there were no subsequent actions identified which would indicate a lack of trustworthiness and reliability; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight, (4) the individual had a negative test for drug and alcohol use immediately prior to being granted unescorted access and (5) you took appropriate corrective action by revoking the individual's unescorted access and verifying the correct information was placed into PADS.

A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Beaver Valley Power Station facility.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS) accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.

Should you have any questions regarding this letter, please contact Dr. Ronald Bellamy at 610-337-5200. .

Sincerely,

/RA/

David C. Lew, Director Division of Reactor Projects SUNSI Review Complete: _ JMT ___(Reviewer's Initials) DOCUMENT NAME: S:\ENF-ALLG\ENFORCEMENT\PROPOSED-ACTIONS\REGION1\BV CONTRACTOR - AA LICENSEE LETTER-REV2.DOC ML090220632 After declaring this document "An Official Agency Record" it will be released to the Public. To receive a copy of this document, indicate in the box:

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